- Jun 22, 2010
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python said:his non action has nothing to do with the lack of funds. In fact, even if fully adjudicated it would be, at most, several thousand euros. The simple reason he blustered but would never actually appeal was...he had no case. By its own rules, and that was played out numerous times, the swiss supreme court would admit a case only if (a) a proper procedure was violated (b) the appellants human or civil rights were infringed upon as it is interpreted by the swiss law.BullsFan22 said:Sundby will not appeal his suspension:
http://blogs.fasterskier.com/insidetrack/2016/09/27/sundby-decides-against-doping-appeal/
Probably a wise choice for him, but unfortunate for us. I had the feeling that had he gone through with everything and appealed and let this drag on for a while, we would have gotten a bit of a Armstrong effect, where more people would leak information and perhaps speak out against asthma use on non-Asthmatics. Sundby was probably advised not to take it to the Swiss courts because he doesn't have the funds (I am not sure if the NSF OR the Olympiatoppen are quite ready to dish out thousands of Euros for his defense, as he already was covered by the NSF after he lost his prize money following the official FIS statements and subsequent suspension), and to probably ease the slamming the Norwegians have gotten regarding this whole asthma debacle.
At no time did the sundby team complained about either based on the Cas award. It was a case of his now evident arrogance to claim something that was never to have a chance.
Interesting. Well, as my knowledge of law and steps taken in legal procedures and the strength of cases is almost 0, I will say you are probably right. It was just my hunch. Perhaps the Sundby arrogance and really the arrogance of the NSF has hit a ceiling, but I think they are still more likely to win legal cases and get athletes clear of any wrongdoing than any other individual or team on the FIS World Cup. Again, I am not too familiar with law, particularly one that deals with doping cases. The lawyer probably did advise Sundby and the NSF to not fight this, because they don't have a chance. Still, it's too bad they didn't fight it, as I think more could be uncovered. The more athletes that speak out about this (whether they are defending the NSF and Sundby or not) the better.
